أهلية المتبرع وحقه في الحصول على مكافأة في مجال نقل و زراعة الأعضاء البشرية : دراسة مقارنة

الملخص EN

Most of the legislation governing the transplantation of human organs require the donor or testator to be fully capacitated in order to sign a written consent of the donation or the will, whichever chosen.

However, the researcher believes that requiring a full legal capacity in the donor or testator should not be decisive.

Every rule must have exceptions that apply in cases of necessity and for saving lives without negatively affecting the health status of the donor.

Minors should be able to donate their organs under certain conditions and record their intentions to make an organ donation.

The researcher concludes that there is an urgent need to amend the Bahraini Law No 16 of 1998 as to include, among other issues, defnitions for a mentally dead and a fully capacitated person.